California, United States of America
The following excerpt is from People v. Lee, C069843 (Cal. App. 2012):
2. We remind the parties and trial court that section 1202.4 provides that the trial court shall impose victim restitution in every case in which the victim suffered economic loss as a result of the defendant's conduct unless the court finds compelling and extraordinary reasons for not doing so, and states them on the record. ( 1202.4, subd. (f).) "[V]ictim restitution is mandatory and a sentence without such an award is invalid. The trial court does not have discretion over issuance of the award itself. The only element over which the court retains discretionand to which the 'clear and compelling reasons' language appliesis the amount of the award.' [Citation.]" (People v. Hudson (2003) 113 Cal.App.4th 924, 929-930.)
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